submits that in view of the mandatory provisions of Section
436A CrPC, the petitioner is entitled to statutory bail after having
undergone detention for more ... ASWAL
Signing Date:02.09.2023
18:45:46
benefit of Section 436A should not be extended to the petitioner in
view of the first proviso
January, 2023.
BIBEK CHAUDHURI, J. : -
1. This is an application under Section 436A read with Section 439 of
the Code of Criminal Procedure filed ... Bichar Bhawan, Calcutta praying for his
release on bail under Section 436A of the Code of Criminal Procedure on
the ground that he has been
well as by the State Governments for effective
implementation of Section 436A of the Code of Criminal
Procedure, 1973.
(iv) Steps taken and being taken ... With regard to the third issue regarding effective
implementation of Section 436A of the Code of Criminal Procedure,
(for short
indicted was on account of non-compliance
with the provisions of section 436A Cr.P.C where even after the
completion of more than ... personal bonds with or without sureties. The proviso to
section 436A Cr.P.C does give the extraordinary power to the
Court to order
each case on its own merit under the mandate vested under
Section 436A of the Cr.P.C. and take necessary steps in that regard ... regarding any of the UTPs to have come
under the mandate of 436A of CrPC , that is none of the UTPs is
reported to have
consideration of the
cases entitled to be considered for release under Section 436A of the Cr.P.C.
Mr. Mathur submits that the Under-Trial ... UTRC) which
has been constituted for consideration of cases falling under Section 436A
Cr.P.C. has not been meeting and conducting review
each case on its own merit under the
mandate vested under Section 436A of the Cr.P.C. and take necessary steps
in that regard ... regarding any of the UTPs to have
come under the mandate of 436A of CrPC , that is none of the
UTPs is reported to have
concerned from time to time for effective implementation of Section
436A and directions of the Supreme Court. Even a single day delay in release ... undertrial
prisoners, who are entitled to such release as per Section 436A, will amount to serious violation of
their right to life under Article
dealing with the issue and reference has also been made to Section
436A Cr.P.C. which provides for grant of bail when a person ... various jails
are undertrial prisoners. In spite of incorporation of Section 436A in
Cr.PC . undertrial prisoners continue to remain in prisons in violation
adjust the same
3
for the purpose of bail u/s. 436A
of Cr.P.C.
(e) Pass such other order or orders as
this ... stated that by the Code of
Criminal Procedure (Amendment) Act, 2005,
Section 436A came to be inserted which provides
that an under-trial prisoner other
